Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 65 (2025GS)

Sponsor

Rep. Snider, Casey

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• expands the list of cancers that presumptively arise from service as a firefighter;
• establishes requirements for the rebuttable presumption;
• excludes respiratory cancers related to the use of cigarettes, electronic cigarettes, tobacco products, or marijuana from the rebuttable presumption;
• provides a cancer screening to the firefighter;
• requires the fire department where a firefighter is working to cover the out-of-pocket cost of the cancer screening; and
• provides for the management of the cancer screening program.

Every vote on this bill

Bill text

30
34A-3-101
34A-3-105
34A-3-113
34A-3-114
53B-29-202
0
Firefighter Cancer Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Michael K. McKell
Cosponsor:
Ken Ivory
Angela Romero
Carl R. Albrecht
Jason B. Kyle
Jake Sawyer
Stewart E. Barlow
Trevor Lee
David Shallenberger
Bridger Bolinder
Karianne Lisonbee
Troy Shelley
Jefferson S. Burton
A. Cory Maloy
Lisa Shepherd
Kay J. Christofferson
Ashlee Matthews
Rex P. Shipp
Paul A. Cutler
Verona Mauga
Andrew Stoddard
Jennifer Dailey-Provost
Tracy J. Miller
Jordan D. Teuscher
Ariel Defay
Carol S. Moss
Jason E. Thompson
Rosalba Dominguez
Jefferson Moss
R. Neil Walter
Joseph Elison
Clinton D. Okerlund
Christine F. Watkins
Doug Fiefia
Doug Owens
Douglas R. Welton
Stephanie Gricius
Nicholeen P. Peck
Stephen L. Whyte
Katy Hall
Michael J. Petersen
Ryan D. Wilcox
LONG TITLE
General Description:
This bill modifies the Utah Occupational Disease Act by expanding the rebuttable 
presumption for a firefighter diagnosed with cancer. 
Highlighted Provisions:
This bill:
defines terms;
expands the list of cancers that presumptively arise from service as a firefighter;
establishes requirements for the rebuttable presumption;
 excludes respiratory cancers related to the use of cigarettes, electronic cigarettes, tobacco 
products, or marijuana from the rebuttable presumption;
provides a cancer screening to the firefighter;
requires the fire department where a firefighter is working to cover the out-of-pocket cost 
of the cancer screening; and 
provides for the management of the cancer screening program.
Money Appropriated in this Bill:
This bill appropriates 
$3,700,000
 in operating and capital budgets for fiscal year 2026, all 
of which is from the General Fund.
This bill appropriates 
($3,700,000)
 in restricted fund and account transfers for fiscal year 2026, 
all of which is from the General Fund.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
34A-3-101
, as renumbered and amended by Laws of Utah 1997, Chapter 375
34A-3-105
, as renumbered and amended by Laws of Utah 1997, Chapter 375
34A-3-113
, as last amended by Laws of Utah 2023, Chapters 25, 364
53B-29-202
, as last amended by Laws of Utah 2024, Chapter 169
ENACTS:
34A-3-114
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
34A-3-101
 is amended to read:
34A-3-101
. Title -- Definitions.
(1)
This chapter is known as the "Utah Occupational Disease Act."
(2)
For purposes of this chapter
,
:
(a)
"division"
"Division"
 means the Division of Industrial Accidents.
(b)
"Fire and rescue training program" means the program described in Section 
53B-29-202
.
(c)
(i)
"Firefighter" means a member of a public fire department or other public 
firefighting organization that provides fire suppression and other fire-related 
service who is responsible for or serves in a capacity that includes responsibility 
for the extinguishment of fires.
(ii)
"Firefighter" includes:
(A)
an individual who is a designated personal protective equipment technician; or
(B)
a volunteer safety officer as described in Subsection 
67-20-2(10)(b)(ii)
.
(iii)
(A)
"Firefighter" does not include any other individual whose job description, 
duties, or responsibilities do not include direct involvement in fire suppression; 
or
(B)
individuals who provide private suppression or other private fire-related 
protection services.
(d)
"Presumptive cancer" means one or more of the following cancers:
(i)
bladder;
(ii)
brain;
(iii)
colorectal;
(iv)
esophageal;
(v)
kidney;
(vi)
leukemias;
(vii)
lung;
(viii)
lymphomas;
(ix)
melanomas;
(x)
mesotheliomas;
(xi)
oropharynx;
(xii)
ovarian;
(xiii)
prostate;
(xiv)
testicular; and
(xv)
thyroid.
(e)
"Rocky Mountain Center for Occupational and Environmental Health" means the 
center described in Section 
53B-30-203
.
Section 2, Section 
34A-3-105
 is amended to read:
34A-3-105
. Last employer liable -- Exception.
(1)
To 
Except as provided in Subsection 
34A-3-113(5)
, 
the extent compensation is 
payable under this chapter for an occupational disease which arises out of and in the 
course of an employee's employment for more than one employer, the only employer 
liable shall be the employer in whose employment the employee was last injuriously 
exposed to the hazards of the disease if:
(a)
the employee's exposure in the course of employment with that employer was a 
substantial contributing medical cause of the alleged occupational disease; and
(b)
the employee was employed by that employer for at least 12 consecutive months.
(2)
Should the conditions of Subsection 
(1)
 not be met, liability for disability, death, and 
medical benefits shall be apportioned between employers based on the involved 
employers' causal contribution to the occupational disease.
Section 3, Section 
34A-3-113
 is amended to read:
34A-3-113
. Presumption of workers' compensation benefits for firefighters -- 
Study.
(1)
As used in this section:
(a)
(i)
"Firefighter" means a member, including a volunteer member, as described in 
Subsection 
67-20-2(10)(b)(ii)
, or a member paid on call, of a fire department or 
other organization that provides fire suppression and other fire-related service who 
is responsible for or is in a capacity that includes responsibility for the 
extinguishment of fires.
(ii)
"Firefighter" does not include a person whose job description, duties, or 
responsibilities do not include direct involvement in fire suppression.
(b)
"Presumptive cancer" means one or more of the following cancers:
(i)
pharynx;
(ii)
esophagus;
(iii)
lung; and
(iv)
mesothelioma.
(2)
(1)
If a firefighter who 
contracts a
is diagnosed with a
 presumptive cancer meets the 
requirements of Subsection 
(3)
, there is a rebuttable presumption that
:
(a)
the presumptive cancer was contracted arising out of and in the course of 
employment
; and
 as a firefighter if the firefighter demonstrates exposure to a 
known carcinogen as defined by the International Agency for Research on Cancer 
while serving as a firefighter.
(b)
the presumptive cancer was not contracted by a willful act of the firefighter.
(2)
The following individuals may assert the rebuttable presumption described in 
Subsection 
(1)
:
(a)
a firefighter currently in service; and
(b)
a former firefighter after termination of service as a firefighter for a period:
(i)
of three calendar months for each full year of service as a firefighter; and
(ii)
not to exceed 120 months.
(3)
(a)
To be entitled to the rebuttable presumption described in Subsection 
(2)
(1)
, the 
firefighter shall
 submit to the fire and rescue training program a record of
:
(a)
(i)
during the time of employment as a firefighter, undergo annual physical 
examinations;
service as a firefighter for at least eight years;
(ii)
a physical examination:
(A)
completed before serving as a firefighter that shows no evidence of cancer;
(B)
completed every two years during the time of service as a firefighter; and
(C)
that is reasonably aligned with the National Fire Protection Association 
standards on the comprehensive occupational medical program for fire 
departments;
(iii)
after seven years of service as a firefighter, a cancer screening conducted by the 
Rocky Mountain Center for Occupational and Environmental Health at the 
intervals described in Section 
34A-3-114
 during the time of service as a firefighter;
(iv)
reporting the presumptive cancer to the fire and rescue training program and, in 
accordance with Section 
34A-2-407
, to the employer; and
(b)
have been employed as a firefighter for eight years or more and regularly responded 
to firefighting or emergency calls within the eight-year period; and
(c)
(v)
if the firefighter has used tobacco, provide documentation from a
a
 physician
statement
stating 
that
 indicates that
 the firefighter has not used 
tobacco
tobacco 
products or smoked cigarettes, electronic cigarettes, or marijuana
 for 
the eight
at 
least eight
 years 
preceding
immediately before
 reporting the presumptive cancer 
to the 
employer or division
employer and the fire and rescue training program
.
(b)
A firefighter is entitled to the rebuttable presumption without completing the 
requirements described in Subsections (3)(a)(ii)(B) and (C) or Subsection (3)(a)(iii) 
for years of service as a firefighter completed before July 1, 2026.
(4)
(a)
(i)
A presumption established under this section may be rebutted by a 
preponderance of the evidence.
(ii)
The rebuttable presumption does not apply to cancers of the respiratory tract if 
there is evidence that the firefighter's use of tobacco products or the firefighter's 
smoking of cigarettes, electronic cigarettes, or marijuana is a substantial 
contributing cause to the development of the cancer.
(b)
A firefighter may seek compensation in accordance with Chapter 2, Workers' 
Compensation Act, regardless of compliance with Subsection (3).
(5)
If a firefighter who contracts a presumptive cancer is employed as a firefighter by more 
than one employer and qualifies for the presumption under Subsection 
(2)
, and that 
presumption has not been rebutted, the employer and insurer at the time of the last 
substantial exposure to risk of the presumptive cancer are liable under this chapter under 
Section 
34A-3-105
.
(5)
The fire department or firefighting organization and insurer at the time of the last 
substantial exposure to a known carcinogen is liable when:
(a)
a firefighter who contracts a presumptive cancer has served as a firefighter with more 
than one fire department or firefighting organization;
(b)
the firefighter qualifies for the rebuttable presumption; and
(c)
the presumption has not been rebutted.
(6)
A cause of action subject to the 
rebuttable 
presumption 
under this section 
is 
considered to arise on the date that 
the employee
a firefighter
:
(a)
suffers disability from the occupational disease;
(b)
knows, or in the exercise of reasonable diligence should have known, that the 
occupational disease is caused by 
employment
service as a firefighter
; and
(c)
files a claim as provided in Section 
34A-3-108
.
(7)
(a)
The division shall conduct a five-year study to determine whether:
(i)
a cancer that is not a presumptive cancer is commonly contracted through service 
as a firefighter; and
(ii)
a cancer that is a presumptive cancer is not commonly contracted through service 
as a firefighter.
(b)
In conducting the study, the division shall:
(i)
consider cancer latency periods; and
(ii)
consult with:
(A)
the fire and rescue training program; and
(B)
the Rocky Mountain Center for Occupational and Environmental Health.
(c)
Before September 30, 2029, the division shall file a report to the Business and Labor 
Interim Committee summarizing the results of the study described in Subsection 
(7)(a)
 and any recommendations for legislation.
Section 4, Section 
34A-3-114
 is enacted to read:
34A-3-114
. Cancer screening for public firefighters.
(1)
(a)
The Rocky Mountain Center for Occupational and Environmental Health shall 
offer a firefighter working for a public fire department, or a public firefighting 
organization, a cancer screening after seven years but before eight years of active 
service as a firefighter, continuous or combined:
(i)
every five years for firefighters 49 years old or younger; and
(ii)
every three years for firefighters 50 years old and older until the firefighter 
reaches the social security retirement qualifying age.
(b)
The screening shall include applicable screening for presumptive cancer.
(2)
(a)
Rocky Mountain Center for Occupational and Environmental Health shall begin 
offering cancer screenings through the fire and rescue training program no later than 
January 1, 2026.
(b)
Beginning January 1, 2029, and for each plan year that follows, a public fire 
department or public firefighting organization shall provide health care benefits, 
including cancer screening, consistent with the requirement of this section for the 
public fire department or public firefighting organization's employed or contracted 
firefighters.
(3)
(a)
The public fire department or public firefighting organization shall provide 
reimbursement to employed or contracted firefighters for co-payment, deductible, 
coinsurance, or other out-of-pocket expenses employed or contracted firefighters pay 
to the Rocky Mountain Center for Occupational and Environmental Health.
(b)
An employed or contracted firefighter shall submit adequate documentation of the 
copayment, deductible, coinsurance, or other out-of-pocket expense to the public fire 
department or public firefighting organization for which the employed or contracted 
firefighter is associated for reimbursement in accordance with Subsection 
(3)(a)
.
Section 5, Section 
53B-29-202
 is amended to read:
53B-29-202
. Fire prevention, education, and training program.
(1)
With technical advice and support from the fire board, Utah Valley University shall 
operate a statewide fire and rescue
 service
 training program that:
(a)
provides instruction, training, and testing for:
(i)
Utah Valley University students; and
(ii)
firefighters and emergency rescue personnel throughout the state, whether paid or 
volunteer;
(b)
explores new methods of firefighting, fire training, and fire prevention;
(c)
provides training for fire and arson detection and investigation;
(d)
provides training to students, firefighters, and emergency rescue personnel on how to 
conduct public education programs to promote fire safety;
(e)
provides aircraft rescue firefighting training;
(f)
provides for certification of firefighters, pump operators, instructors, officers, and 
rescue personnel; and
(g)
provides facilities and props for teaching firefighting and emergency rescue skills.
(2)
Utah Valley University shall ensure that the curriculum, training, and facilities offered 
in the fire and rescue training program are sufficient to allow individuals who 
successfully complete the program to receive applicable certification as a firefighter or 
emergency rescue professional.
(3)
Utah Valley University and the fire board shall consult together regarding:
(a)
the development and content of the curriculum and training of the fire and rescue 
training program;
(b)
the identification of individuals who 
will be permitted to
may
 participate in the fire 
and rescue 
training 
program without cost; and
(c)
the establishment of certification standards and requirements.
(4)
Utah Valley University shall allow individuals designated by the fire board to 
participate in and complete the fire and rescue training program without cost and to 
receive applicable certification.
(5)
Utah Valley University and the fire board shall by contract establish terms to:
(a)
define the scope and content of the fire and rescue training program;
(b)
identify the fire and rescue personnel throughout the state who will be permitted to 
participate in the fire and rescue training program without cost; and
(c)
define other aspects of the relationship between Utah Valley University and the fire 
board relating to the fire and rescue training program that are mutually beneficial.
(6)
In accordance with Section 
34A-3-114
, the fire and rescue training program shall:
(a)
facilitate cancer screenings conducted by the Rocky Mountain Center for 
Occupational and Environmental Health; and
(b)
track cancer screenings for a firefighter.
Section 6. 
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 6(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 
Legislature appropriates the following sums of money from the funds or accounts indicated for 
the use and support of the government of the state of Utah.
Higher Education
Utah Valley University
ITEM 1
Utah Valley University - Special Projects
From General Fund
3,700,000
Fire and Rescue Training
3,700,000
The Legislature intends that the appropriations 
provided under this section be used for the first three 
years of the cancer screening program described in 
Section 
34A-3-114
. When drafting the base budget for 
fiscal year 2028, the Legislature intends that the Office of 
the Legislative Fiscal Analyst revise the ongoing 
appropriation to a one-time appropriation..
Subsection 6(b).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following 
amounts between the following funds or accounts as indicated. Expenditures and outlays from 
the funds to which the money is transferred must be authorized by an appropriation.
Executive Appropriations
ITEM 2
Firefighters Retirement Trust 
 Agency Fund
From General Fund
(3,700,000)
Firefighters Retirement Trust 
 Agency Fund
(3,700,000)
Section 7. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-12-25 9:21 AM